Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

01/26/76 PEOPLE v. RODGERS

January 26, 1976

PEOPLE
v.
RODGERS



Appeal from Lenawee, Rex B. Martin, J.

Allen, P. J., and Bronson and R. M. Maher, JJ.

SYLLABUS BY THE COURT

1. Evidence -- Lie-Detector Tests -- Admissibility of Results.

Neither the fact that a lie-detector test has been taken nor the results of such a test are admissible in evidence.

2. -- Evidence -- Lie-Detector Tests -- Bolstering Testimony -- Admissibility of Results.

Attempts to bolster the current testimony of a prosecution witness by showing that the witness changed his or her story after being given a lie-detector test which showed a prior inconsistent statement to be untruthful are improper.

3. Evidence -- Lie-Detector Tests -- Intentional Reference -- Restoration of Credibility -- Bolstering Testimony -- -- Miscarriage of Justice -- Preserving Question.

An intentional reference to polygraph test results is inadmissible to restore a witness's credibility by showing that pending criminal charges against him were dropped as a result of the test and not in exchange for his testimony even where the results do not directly bolster the witness's testimony; the admission of such a reference constitutes a miscarriage of Justice and mandates reversal even where there was no objection to its admission at trial.

The opinion of the court was delivered by: Bronson

Gary Rodgers was convicted of assault with intent to commit murder, assault with intent to kidnap, and unarmed robbery. Defendant then pled guilty to a supplemental information charging him with second-offender status. Defendant appeals.

Defendant was convicted by a jury of assault with intent to commit murder, contrary to MCLA 750.83; MSA 28.278, assault with intent to kidnap, contrary to MCLA 750.87; MSA 28.282, and unarmed robbery, contrary to MCLA 750.350; MSA 28.798. He then pled guilty to a supplemental information filed pursuant to MCLA 769.10; MSA 28.1082, providing for a longer term of imprisonment for second offenders. On October 23, 1973, defendant was sentenced to prison terms of 15 to 50 years, 10 to 15 years, and 10 to 22-1/2 years, respectively.

During cross-examination of a key prosecution witness, Massenoir Norton, the defendant tried to show Norton's "interest" in the prosecution of the case as affecting his credibility. It was established that a pending misdemeanor charge against Norton had been dismissed by the prosecutor. In an obvious attempt to bolster Norton's credibility, the prosecutor on redirect examination elicited the following testimony:

"Q. Do you know why the charges against you ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.